Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate
Nature of Case: Patent infringement
Electronic Data Involved: emails and business records
Keywords: search terms
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
Key Insight: What amounts to good cause to seal relevant evidence from public view
Nature of Case: Civil Rights Action, violation of 8th amendment
Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews
Keywords: HIPPA, seal, confidential health information, good cause
Key Insight: CSLI, privacy, Stored Communications Act, SCA
Nature of Case: conspiracy to possess with intent to distribute a controlled substance, attempted possession of a controlled substance with intent to distribute
Electronic Data Involved: cell site location information
Keywords: Fourth Amendment, good-faith exception, federal rule of criminal procedure 33(a), warrant, exclusion of evidence, motion for a new trial
Key Insight: whether the 37(e) sanctions are appropriate
Nature of Case: Invasion of privacy
Electronic Data Involved: metadata, active data from laptop
Keywords: ipad
Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: accessibility of data
Nature of Case: Violations of the FCRA
Electronic Data Involved: information related to similar lawsuits and consumer complaints
Keywords: data, searchable, accessible, access*, undue burden,
Key Insight: cost-shifting, proportionality
Nature of Case: Title IX violation
Electronic Data Involved: computer, cell phone, text messages
Keywords: privacy interests, forensic examination, attorney’s fees and costs, inconsistent testimony
Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography
Nature of Case: criminal prosecution – child pornography
Electronic Data Involved: e-mails, personally identifying information attached to e-email account
Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”
Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.
Nature of Case: slip and fall injuries
Electronic Data Involved: emails, text messages, FitBit, social media
Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.
Copyright © 2022, K&L Gates LLP. All Rights Reserved.